Author : Pheng Cheah
Publisher : NYU Press
Page : 295 pages
File Size : 40,20 MB
Release : 1996-07
Category : Law
ISBN : 0814715451
Issues that are drawn from, and bear on, disciplines including philosophy, law and legal studies, feminist studies, social and political theory, communication studies, critical theory and cultural studies.
Author : Alan Hyde
Publisher : Princeton University Press
Page : 291 pages
File Size : 25,89 MB
Release : 1997-07-07
Category : Law
ISBN : 1400822319
The most basic assertions about our bodies--that they are ours and distinguish us from each other, that they are private and have boundaries, races, and genders--are all political theories, constructed in legal texts for political purposes. So argues Alan Hyde in this first account of the body in legal thought. Hyde demonstrates that none of the constructions of the body in legal texts are universal truths that rest solely on body experience. Drawing on an array of fascinating case material, he shows that legal texts can construct all kinds of bodies, including those that are not owned at all, that are just like other bodies, that are public, open, and accessible to others. Further, the language, images, and metaphors of the body in legal texts can often convince us of positions to which we would not assent as a matter of political theory. Through analysis of legal texts, Hyde shows, for example, how law's words construct the vagina as the most searchable body part; the penis as entirely under mental control; the bone marrow that need not be shared with a half-sibling who will die without it; and urine that must be surrendered for drug testing in rituals of national purification. This book will interest anyone concerned with cultural studies, gender studies, ethnic studies, and political theory, or anyone who has heard the phrase "body constructed in discourse" and wants to see, step by step, exactly how this is done.
Author : Anita Bernstein
Publisher : Cambridge University Press
Page : 275 pages
File Size : 34,84 MB
Release : 2019
Category : Law
ISBN : 1107177812
Explains why lawyers seeking gender progress from primary legal materials should start with the common law.
Author : Rohan Hardcastle
Publisher : Bloomsbury Publishing
Page : 242 pages
File Size : 10,68 MB
Release : 2007-09-18
Category : Law
ISBN : 1847313574
Do you own your body? Advances in science and the development of genetic databases have added an aura of modern controversy to this long-standing and, as yet, unresolved problem. In particular, English law governing separated human tissue (including organs, DNA and cell-lines) is unsatisfactory. Despite the enactment of the Human Tissue Act 2004 UK, it remains uncertain what property rights living persons can claim over tissue separated from their bodies. The development of clear legal principles is necessary to protect the rights of individuals while also enabling the efficient use of such materials in medical research. Part I of Law and the Human Body traces the evolution of English, Australian, United States and Canadian law in relation to human tissue separated from living persons and dead bodies. This includes a comprehensive examination of the Human Tissue Act 2004 UK as well as prominent judicial decisions, including Re Organ Retention Group Litigation [2005] QB 506, Colavito v New York Organ Donor Network Inc 8 NY 3d 43 (NY CA 2006) and Washington University v Catalona 490 F 3d 667 (8th Cir 2007). Analysis demonstrates that, although property rights and non-proprietary interests in separated human tissue are recognised in limited circumstances, no principled basis has been accepted either at common law or by statute for the recognition of these rights and interests. Part II of this book develops and defends a principled basis in English law for the creation and legal recognition of property rights and non-proprietary interests in separated human tissue. Significantly, the analysis and principles presented in Law and the Human Body have application across common law and civil law jurisdictions worldwide.
Author : Zillah R. Eisenstein
Publisher : Univ of California Press
Page : 248 pages
File Size : 12,11 MB
Release : 2024-07-26
Category : Social Science
ISBN : 0520414403
The Female Body and the Law provides an original and incisive reexamination of the dynamics of sexual equality. Eisenstein contends that sexual inequality is fostered both by the law and by the insistence that men and women are biologically different. Through a fascinating discussion of a series of issues including affirmative action, AIDS, Baby M, pornography, and abortion, Eisenstein shows how the law operates as a political language that establishes and curtails choices and actions. This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1990.
Author : David W. Meyers
Publisher : Transaction Publishers
Page : 218 pages
File Size : 23,41 MB
Release :
Category :
ISBN : 0202366588
Author : John Baker
Publisher : Oxford University Press
Page : pages
File Size : 20,66 MB
Release : 2001-07-05
Category : Law
ISBN : 0191661678
The common law is almost universally regarded as a system of case-law, increasingly supplemented by legislation, but this is only partly true. There is an extensive body of lawyers' law which has a real existence outside the formal sources but is seldom acknowledged or discussed either by theorists or legal historians. This will still be so even when every judicial decision is electronically accessible. In the heyday of the inns of court, this second body of law was partly expressed in `common learning'. a corpus of legal doctrine handed on largely by oral tradition and a system of education informing the mind of every common lawyer. That common learning emanated from a law school in which the judges actively participated, and in which the lecturers of one generation provided the judiciary of the next. Some of it was written down, though the texts were until recently forgotten, and its importance was overlooked by historians as a result of changes in the common-law system during the early-modern period. Other forms of informal law may be seen at work in other times and contexts. Although judicial decisions will always remain prime sources of legal history, as well as of law, the other body of legal thought and practice is equally `law' in that it influences lawyers and has real consequences. Neither the history nor the present working of the common law can be understood without acknowledging its importance.
Author : Jesse Wall
Publisher : Oxford University Press, USA
Page : 257 pages
File Size : 17,82 MB
Release : 2015
Category : Law
ISBN : 0198727984
Disputes over the use and storage of bodily material continue to arise but the law has no clear answer as to the legal status of bodily material. This book develops a way for the law to address disputes over the use and storage of bodily material that, contrary to the current trend, resists the application of property law.
Author : E. Richard Gold
Publisher : Georgetown University Press
Page : 242 pages
File Size : 36,38 MB
Release : 1996
Category : Law
ISBN : 9780878406616
In Body Parts, E. Richard Gold examines whether the body and materials derived from it--such as human organs and DNA--should be thought of as market commodities and subject to property law. Analyzing a series of court decisions concerning property rights, Gold explores whether the language and assumptions of property law can help society determine who has rights to human biological materials. Gold observes that the commercial opportunities unleashed by advances in biotechnology present a challenge to the ways that society has traditionally valued the human body and human health. In a balanced discussion of both commercial and individual perspectives, Gold asserts the need to understand human biological materials within the context of human values, rather than economic interests. This perceptive book will be welcomed by scholars and other professionals engaged in questions regarding bioethics, applied ethics, the philosophy of value, and property and intellectual property rights. Given the international aspects of both intellectual property law and biotechnology, this book will be of interest throughout the world and especially valuable in common-law (most English-speaking) countries.
Author : Mari J. Matsuda
Publisher : Beacon Press
Page : 228 pages
File Size : 32,25 MB
Release : 1997-11-28
Category : Social Science
ISBN : 9780807067819
In Where Is Your Body? pioneering legal scholar Mari J. Matsuda offers a strikingly insightful look at how our collective experiences of race, class, and gender inform our understanding of law and shape our vision of a more just society.
